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  • sanju
    04-04 03:22 PM
    I still believe this bill may help reshape current mad behavior of H1B application.


    And how does "reshaping current mad behavior of H1B application" help fix green card backlog. Circulating debate around H-1b is the favorite trick of large IT companies. It is also the favorite trick of anti-green card reform groups like IEEE.

    IT IS ABUSED. Actually, this gives rep another excuse to anti-h1b-cap increasing. For whatever reason, ICC should be curbed.

    Just because the quota got over the first day it implies that the system is abused, right? Let me tell who is abused. People waiting for green card are abused. Not fixing green card delays and deliberately keeping the debate around H-1b is an abuse.





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  • leoindiano
    03-17 10:19 AM
    EB2 India PD came only up till April 2004 before it retrogressed. There is no way anybody whose PD is between April to Sept 2004 could have applied before July 2007. They might have applied only in July 2007 when USCIS made EB2 PD current by mistake.

    Before retrogression started in "October 2005 Bulletin, Nov 2005 effective", there are quite a few people who applied for I-485 and had PD upto sept 2004. Those cases are approved. I know couple of cases myself.





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  • saurav_4096
    07-15 10:10 PM
    Somehow I have feeling the case in this thread in more fake then real...

    :rolleyes:





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  • Ramba
    07-04 07:25 PM
    Everyone blaming CIS/DOS needs to understand some basics behind this mess. Before going to conclude anything, first, one should read all the ombudsman reports for last 3 or 4 years. Former INS or current USCIS�s functions and operations were not questionable and not known to public till ombudsman office was established. Ombudsman has helped customers and keep helping to improve efficiency of CIS. Ombudsman main concern (or goal) have been over the 4 years are

    1. Primarily reducing backlogs in any application type particularly 485 and timely approval of any application.

    2. Abolish the need for interim benefits like EAD, AP etc. If they approve 485 in 6 months, then most of us do not require EAD and AP.

    3. Reduce the wastage of EB visas, as unused EB visas can not be carried over to next year (use it or lose it). Since 1992, about 200,000 EB visas were lost permanently. In 2003 alone, they issued only 64,000 EB visas and lost 88,000.

    The recent report to congress, the ombudsman scolded the CIS left and right for its inefficiency and highlighted how many EB visas were lost for ever, in last 10 years despite the very heavy demand for employment based green cards. Based on his report, both CIS and DOS try to obey the direction of ombudsman and modifying the 485 adjudication procedure. The reason for loss of EB visas in previous years not only due to inefficiency in processing the 485s on time, it is also due to lengthy background check delay by FBI, where USCIS has no control. For example, in 2003 they could approve about 64,000 485s only. It is partially due to USCIS inefficiency and partially due to lengthy FBI check. There are 300,000 (AOS+ Naturalization applicants) cases are pending with FBI for name check. Out of which, about 70,000 cases are pending more than 2 years. Out of 300,000 victims of name check delay, how many are really threat to the country? Perhaps none or may be few! Remember that lot of Indians also victims of name check and all the victims of name check delay already living in USA.

    The big problem is the timing when USCIS takes the visa number for a 485 applicant. Till 1982, INS took visa number for a 485 applicant as soon as they receive the application. Visa number assigned to a 485 applicant without processing his/her application. He/She may not be a qualified applicant to approve 485. Still they assign to them. If they found, the applicant is ineligible, they suppose to return the number back to DOS. However, this practice was modified after 1982. USCIS is taking visa number only at the time of approval of 485, after processing the 485 for a lengthy period. For some people, particularly victims of name check, 485 processing time vary between 2 to 5 years. Though, it is a good practice it is not the ideal or efficient process, due to name check delay. Let us assume about 150,000 are victim of name check in 2003. If they assigned all the numbers to these 150,000 applicants at the time they filed 485, the 88,000 visa numbers might have not been lost in 2003. Now what happens, those who filed 485 in 2003 (victim of name check delay) will take EB numbers from 2007 or 2008 quota, if FBI clears his/her file in 2007 or 2008. This will push back those who are going to file 485 in 2007 or 2008.

    That why, ombudsman in his 2007 yearly report to Congress recommended to practice the old way of assigning visa number to 485 applicants, to minimize the loss of visa numbers.

    Now lets come to July Visa bulletin mess.

    Because of tight holding of visa cutoff dates for EB3 and EB2 for the first 8 months of 2007 (From Oct 2006 to May 2007) USCIS approved only 66,000 485s. For the next 4 months they have about 60K to 70K numbers available. If they approve the pending 485s with slower speed or old cut off dates, there is a potential estimated loss of 40,000 EB visas by Sep 2007. Thats why, based on ombudsman recommendation, DOS moved considerably the cut off date for June. When they took inventory in May, there are about 40,000 documentarily qualified 485 applications were pending due to non-availability of visa numbers. The �documentarily qualified 485 applications� mean the application filed long time back and processed by USCIS and cleared the FBI name and criminal check, and found eligible for green card. Apart from 40,000 documentarily qualified 485 applications, there is thousands of 485 applications (documentarily not yet qualified) pending due to name check. When DOS checked with USCIS they found only 40,000 documentarily qualified 485 applications (in all EB categories put together) are pending. However, the available visas are more than 40,000 (60to 70K). Then they made with out consulting properly with USCIS they made �current� for all EB categories. This is how they determine �current� or �over-subscribed� and how they establish cutoff dates.

     If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered �Current.�

     Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for allotment for the particular month, the category is considered to be �oversubscribed� and a visa availability cut-off date is established.

    There is nothing wrong with DOS to make all categories �current� for a July bulletin as per they definition of demand vs supply estimation to meet the numerical limitations per year. Perhaps the DOS did not aware of other impact of making all categories �current� ie fresh guys entering into I-485 race. Because of �current� there will be additional tons and tons of new filings. The rough estimation is about 500K to 700K new 485s and same amount of EAD and AP applications will be filed in July. But the available number is just 60K, and there are already 40K documentarily qualified 485s are pending more than 6 months to 3 years to take the numbers from remaining 60K pool. That leaves just 20K to fresh 485 filings. If 700K new 485 filed in July, it will choke the system. People have to live only in EAD and AP for next 5 to 10 years.

    For example, an EB3-Indian whose LC approved through fast PERM on July 30th 2007, can apply 140 and 485 on July 31st 2007 as per July visa bulletin. For his PD, it will take another 10 years for the approval of 485. During this 10 year period, he/she has to live in EAD and AP and need to go for finger print every 15 month.

    Therefore by making �current� for all EB categories is a billion dollar mistake by both DOS and CIS first part.. Another mistake is timing of rectifying mistake. USCIS and DOS and law firms should have discussed immediately about the potential chaos about making current and rectified move the cut-off to reasonable period to accommodate additional 20K 485s. If they modified the VB, with in couple of days after July 13, then there wont be a this much stress, time and wastage of money.

    There is nothing wrong in issuing additional advisory notice or modified visa bulletin to control the usage of visa numbers. The only mistake both USCIS and DOS is made is the timing of issuance of modified visa bulletin or advisory notice. It indicates poor transparency in the system and bad customer service. Now, they used all 140K visas this year. Assigning remaining 20K visa numbers to already pending 485s which are not yet documentarily (name check delayed cases) qualified is not the violation of law. It was old practice. In fact, ombudsman recommends it. They have the trump card which is Ombudsman report and recommendations. Therefore they are immune to lawsuit. Therefore, filing the law-suit is not going to help. The only two mistakes I see is 1) making all categories as �current� in June 13 and second is modifying VB only on July 2.

    My recommendation is to IV is capitalize the situation in constructive way. Law suit only bring media attention with the expense of money and time. The constructive approach is getting an immediate interim relief by legislation to recapture unused visas in previous years to balance the supply vs demand difference.



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  • kramesh_babu
    07-15 12:49 PM
    People say you can still use your AP to reenter as long as its not expired.

    I have an AP and my Priority date is current. What will happend to my AP when my 485 is approved and I am out of country?





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  • coopheal
    05-06 09:52 PM
    Can you please brief us regarding what action IV has taken...

    If you had contributed for the FOIA effort you would have known the actions IV has taken in donor forum. Its a shame that people like you dont contribute and have audacity to come back and demand answers.



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  • mlvats
    06-10 06:22 PM
    My wife is working with a company "A" in India and have filed for H1 through a company "B" in USA.
    Currently she does not have any VISA.


    Can her current company "A" apply for L1 and she can come to USA on L1?
    And suppose she can come to US on L1 through company "A", What happens if her H1 gets approved through Company "B", Can she still continue
    working for Comapny "A".?


    Thanks in Advance.
    -Moti





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  • Abhinaym
    02-19 12:02 PM
    How exactly are illegals going to prove that they have been here for more than 5 years?

    That's exactly what I wanted to ask! How on earth are they going to prove a presence?

    1. Drivers license (that only shows the date they started)
    2. Utility bills (is that possible?)
    3. Bank statements (I'm not sure if undocumented ones get accounts)
    4. Employment proof (right...)
    5. Real estate titles

    I'm not saying they can't, but trying to think how...



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  • abhishek101
    12-27 12:14 PM
    Just to clarify on all the confusion:

    If you are legally here i.e. on H1B yu can have any account and any mortgage. I can pretty much vouch for it because I am one of the persons in the bank incharge of enforcing the credit laws. The only requirement while giving a mortgage is what kind of credit scores and history you have. BOA is quite conservative in giving out loans while someother smaller institutions are not so conservative and hence the rejection from one and acceptance by the other.

    For giving mortgage to illegals I do not know any reputable institution doing so. Yes there is always the grapevine.

    I recently travelled to Delhi from SF using British Air in Dec. I chaged from Terminal 1 to terminal 4 while going and reverse while coming. Nobody asked for any visa, as far as I know it is not required. It was not required before then the requirement came in and now it is no longer there.

    But I do have a valid visa on my passport.

    About Hongkong it takes approximately 5 minutes to get a 15 day visa and the process is very smooth.

    Singapore does not require any visa.

    No visa for Germany, Middleeast and most of the East Asian stops.





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  • pappu
    01-09 07:53 PM
    thanks for pointing it out. We need volunteers to do this task. anyone interested pls sign up here and start posting.



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  • coopheal
    03-19 05:31 PM
    Can EB2 move to March 06?

    Sure why not. :D But.... if only DOS/USCIS was asking me this.





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  • suriajay12
    03-30 07:47 AM
    very good point and I agree 100 percent ..sad part is that such a good post gets buried under 20 posts which ask for more donations.
    as far as I know FOIA campaign was for 5000 dollars ..then it was increased to 10,000. will it increase again ?

    Do we do any more than just agreeing with others or disagreeing.. Sorry.. but we must not let down our efforts. I wrote to Zoe Lofgren and change.gov this weekend. What did you do for your problems?



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  • deepimpact
    09-10 01:04 PM
    I thinkThis year will be good for EB3.
    With 700 per queter going to EB2I and EB2C, this means that EB2I will go only upto few months by Jul-2011 before the spill kicks IN.
    Once the spill over kicks in EB2 will move by atmost Jul-2007 (as there are won't be any 485 filed for India / China post 2007. Even if they are it is unlikely that they will be processed in 1 or 2 months). So I expect EB3 to use most of the spill over this year.

    CATCH: IF USCIS allows filing of 485 for POST 2007 FIASCO then the above doesn't hold true.

    If there are no I-485 pending for EB2 I/C then the demand goes to zero (unless DOS/USCIS uses pending I-140s to decide demand). And if demand < supply then the category goes to current (atleast per the explanation in the demand data document).And definitely if EB2 I/C folks post July 2007 are allowed to file I-485 then USCIS will realize demand is not zero but say 50K. Then again next month PD goes back to late 2007.

    I think visa numbers are assigned to I-485 before they are processed for demand data purposes, otherwise the demand data prior to CY 2006 for EB2 I will not be zero with some people with 05 PDs still waiting for GCs. But, again this is all speculation and the situation will be clear by Sep 2011 when almost all of EB2I/C pending I-485s will have been cleared.





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  • vin13
    11-12 03:32 PM
    Isn't there a limit of 27% of visas per quarter per country per calendar year ? If that limit is there then who will take precedence ? Quarterly Spill over or that limit ?


    To me I think DOS is doing 27% quota limit for first 3 quarters then they are doing spill over so there is no quarterly spill. What if they will show us that there is a limit per quarter in law and they have to follow it. Is it something like deadlock. that trying to follow one law breaks another one.

    What if we end up getting response that there is some action needed from Lawmakers to correct law..

    just random thoughts.

    In simple math, spillover happens only when there are left overs. If they were able to allocate visas to fill the quarterly limit(say 27%) then there is no spillovers. But we know that there are leftover visa that can be allocated quarterly not annually.

    We are not 100% sure of exactly how they are allocating. At the least, this effort will help us understand the current process.



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  • pointlesswait
    11-17 03:49 PM
    why cant they spell out the damn rule.. instead of leaving it out for speculations...

    insane!





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  • ashwin_27
    06-13 12:10 AM
    If this has not been done already..a good idea might be to spread this message among the hundreds of International Student (including Indian/Chinese) associations. They are already having trouble entering as graduates into a tough job market and this anti-H1B proposal will only make things worse...no additional incentive for students to join this IV initiative. I will forward to my alma mater and couple of other student associations I am aware of.



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  • feedfront
    05-18 12:26 PM
    It was for medical form:
    1) As X-Ray report was missing (and my medical report had +ve in TB test),
    2) My physician was no longer in USCIS's current list of doctors.

    All the best.





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  • ganguteli
    02-03 11:00 AM
    In the current economic environment, removing country quota seems like the only argument that can fly, since it does not increase actual visas.

    In the current economic envireonment where H1Bs are being blamed in media do you think anything can fly. There is so much anti-India sentiment in the softare industry due to consulting companies. Do you think they will want more Indians as greencard holders? Think about it?

    I think the first step should be to do a media campaign and clear all negative publicity H1Bs are getting. Second, all of us working for consulting companies and feel they are exploited need to come out and file lawsuits against employers and clean the system. If there is no exploitation and it is only a misinformation campaign by anti-immigrants then we need to clear that wrong too so that foriegn workers get their due recognition for helping this economy grow.





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  • senthil1
    12-26 07:21 PM
    If old employer revokes I140 then the result will be unpredictable. But it is upto INS to decide. Only those who had similar experience can tell clearly about this. Or a Lawyer can give better idea

    Thanks for the reply, if old employer revokes I-140 while the other employer is still working on LC+I-140, Will this creates any problem for me?

    -Thanks,





    idlinginc
    04-09 03:40 PM
    Hello Everyone,
    I have created google group for NJ Chapter and there are four members in this group so far. If you can send me your email ID then I will let you join..

    Varsha: I will see if I can change ownership of group to you. It is much easier to communicate through emails then looking at chapter posting..


    Thank you
    ak27

    Dear ak27,

    Could you post the groups URL so that I can join?

    Best Regards.





    kaisersose
    03-18 03:36 PM
    At a minimum, EB3 ROW will advance sginficantly which is good for all those who were stuck in BEC.

    It is believed country cap does not exist during the final quarter. If that is true, then some India EB2 (2004 and earlier) may also benefit.



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